A quorum is the minimum number of members who must be present before a group can vote on its business. In a homeowners association (HOA) or condominium association, the bylaws set that number. A state statute supplies a default only where the governing documents are silent.
The table applies a more-than-half default to boards of different sizes.
| Scenario | Members needed for a quorum |
|---|---|
| Board of 3 voting members | 2 |
| Board of 4 voting members | 3 |
| Board of 5 voting members | 3 |
| Board of 6 voting members | 4 |
| Board of 7 voting members | 4 |
| Board of 9 voting members | 5 |
A quorum counts voting members who are present at the meeting. The bylaws control before any default does, and the annual meeting of the members can carry a different number than a board meeting. A meeting below the required count cannot transact business that needs a vote, and decisions made without it can be challenged.
On this page
Is a quorum 51%? The quorum requirement
No. A quorum is not fixed at 51%, because the declaration and bylaws set the quorum requirement. A state statute fills the gap only when both documents are silent.
The declaration is the recorded document that creates the association, covered further in What Are CC&R’s. The member-meeting defaults in the 15 states below run from 10% to more than half of the voting interests.
California’s Corporations Code, section 7151, lets bylaws set the quorum for directors’ and committee meetings. Section 7211 of the code makes a majority of the authorized directors the default. It also bars any bylaw from setting a board quorum below one fifth of those directors or two directors, whichever is larger. For member meetings, section 7512 sets one third of the voting power unless a bylaw sets a different number.
Example: A California association with 300 units needs 100 owners or proxies present at a members’ meeting under the one-third default. If an election meeting fails for lack of a quorum, California’s Civil Code, section 5115, allows a reconvened meeting at least 20 days later. The quorum drops to 20%, which is 60 owners.
The quorum calculator turns an owner count and a state into the number needed for a members’ meeting.
Quorum Calculator: How Many Owners You Need for a Valid HOA or Condo Meeting
Free HOA and condo quorum calculator. Enter your total owners and state to get the exact number needed today, plus the reduced quorum allowed at a reconvened meeting, with the statute cited.
Open the Quorum Calculator: How Many Owners You Need for a Valid HOA or Condo Meeting
What is a quorum according to Robert’s rules for a board meeting?
The official Robert’s Rules of Order website states that these rules are default rules. They govern only when no federal or state law, bylaw or special rule of order provides otherwise. An association whose bylaws name a quorum follows that number.
The same website says a quorum, once established, is presumed to continue only until the chair or a member points out its absence. The chair who notices the gap should say so before any vote or new motion.
Related guide: How HOA Board Meetings Run: Call to Order, Quorum, Executive Session and Adjournment.
Quorum definition in government
In government, a quorum is how many members a legislative body needs on hand to conduct its business. The Congressional Research Service report Voting and Quorum Procedures in the House of Representatives states that the U.S. Constitution requires a majority of the House, or a minimum of 218 Representatives if there are no vacancies.
An association works the same way: a set share of the membership must attend before its decisions count. The share comes from the association’s own documents or a state statute, not the Constitution.
Can a smaller group act at a board meeting without a quorum?
No. Without a quorum, a group cannot transact business that needs a vote, and the Robert’s Rules website says substantive business is never permissible in the absence of one.
California’s section 7211 allows one step without a quorum. A majority of the directors present may adjourn the meeting to another time and place. If the adjournment runs past 24 hours, notice goes to the directors who were absent.
A meeting can also lose its quorum partway through. The same section lets a meeting that began with a quorum keep transacting business after directors leave. A majority of the required quorum must approve each action. The Robert’s Rules website adds that a point of order can invalidate earlier action when there is clear and convincing proof that no quorum was present.
Members who dispute whether a quorum existed sometimes ask a court for a declaration of their rights, a remedy covered in Declaratory Relief. A licensed attorney in your state can confirm how it applies.
Is 2 of 3 a quorum?
Yes, under a more-than-half default. Two of three is more than half, so a three-member board reaches a quorum when two directors attend. California’s section 7211 sets that default, and its two-director floor is also met.
Voting is a separate count. Under that section, an act of a majority of the directors present at a meeting with a quorum is the act of the board. With only two directors present, both must agree for a decision to pass.
Is 2 out of 4 a quorum?
Not under a more-than-half default. Two of four is exactly half, so a four-member board needs three directors present. California, Florida, Nevada and Illinois condominiums use that default for the board.
Colorado, Georgia and North Carolina write the board default as 50% (one-half) of the board’s votes instead. Two of four meets that default. A bylaw can change either result.
Four of nine falls short under both defaults. More than half of nine is five, and 50% of nine is 4.5, so five directors must attend.
Quorum defaults in 15 states
The table lists the statutory default each state sets when the governing documents are silent. The state statutes separate HOAs from condominiums because several states apply a different act to each. The difference between the two ownership types is covered in Condo vs Townhouse.
| State | Member-meeting quorum (default) | Board quorum (default) | Statute |
|---|---|---|---|
| California | 33.3% (20% at a reconvened election meeting) | More than half of directors | Cal. Corp. Code Section 7512(a); Section 7211(a); Cal. Civ. Code Section 5115 |
| Florida | 30% (HOA); more than half (condo) | More than half of directors | Fla. Stat. Section 720.306(1)(a); Section 718.112(2)(b)1; Section 617.0824(1) |
| Texas | 10% | Lesser of more than half of directors or a bylaw number of at least 3 | Tex. Bus. Orgs. Code Section 22.159; Section 22.213 |
| Arizona | Not set for HOAs; 25% for condos | Not set for HOAs; 50% for condos | A.R.S. Section 33-1249(A); Section 33-1249(B) |
| Nevada | 20% | More than half (a majority of the board’s votes) | NRS 116.3109(1); NRS 116.3109(3) |
| Georgia | More than 1/3 | 50% | O.C.G.A. Section 44-3-228 |
| North Carolina | 10% (HOA); 20% (condo) | 50% | N.C. Gen. Stat. Section 47F-3-109(a)-(b); Section 47C-3-109(a) |
| Virginia | Not set for HOAs; more than one-third for condos | Not set for HOAs; 50% for condos | Va. Code Section 55.1-1952(A)-(B) |
| Colorado | 20% | 50% | C.R.S. Section 38-33.3-309(1)-(2) |
| Illinois | 20% (HOA and condo) | Not set for HOAs; more than half (a majority) for condos | 765 ILCS 160/1-40(b)(1); 765 ILCS 605/18(b)(1); 765 ILCS 605/18(a)(14) |
| New Jersey | Not set; bylaws fix it | Not set | N.J.S.A. 46:8B-13(a)-(b) |
| Washington | 34% (HOA); 25% (condo), for associations formed before July 2018 | Not set for HOAs; 50% for condos | RCW 64.38.040; RCW 64.34.336(1)-(2) |
| Maryland | Not set for HOAs; 25% for condos (reconvened: any number present) | Not set | Md. Code Ann., Real Prop. Section 11-109(c)(8)(i); Section 11B-111(6)(iv)(1) |
| South Carolina | 10% (HOA); 51% (condo) | More than half of directors in office (HOA) | S.C. Code Ann. Section 33-31-722(a); Section 27-31-160(b); Section 33-31-824(a) |
| Ohio | Not set for HOAs; any number present for condos | Not addressed | Ohio Rev. Code Ann. Section 5312.02(B); Section 5311.08(A)(3) |
Where a cell reads “not set,” the state leaves that number to the governing documents. Almost every statute in the table lets those documents set a different number. Outside these 15 states, this guide has no sourced statutory default, so the governing documents are the only place to look.
A licensed attorney in your state can confirm how a default applies.
Quorum frequently asked questions
What does quorum mean?
Quorum means the smallest group of members that must be present before the whole can conduct business. The association’s governing documents set that number or, where they are silent, a state statute does.
What percentage is a quorum?
No single percentage applies. The member-meeting defaults in the table run from 10% in Texas, North Carolina and South Carolina to more than half in Florida condominiums. Board defaults are usually more than half or 50% of the board.
How many members constitute a quorum?
The number the governing documents set. A three-member board under a more-than-half default needs two directors, and a nine-member board needs five. Statutes such as Colorado’s set 50% of the board’s votes instead.
How do members establish a quorum at a meeting?
A quorum is established when the head count in the room meets the number in the governing documents or statute. The chair can declare a shortfall at any point, and a member can raise it by point of order.
Is quorum required to be present throughout the meeting?
Yes, for any vote. The official Robert’s Rules website says a quorum is presumed to continue only until the chair or a member points out that it is gone. A vote taken after the count drops can be challenged by a point of order.
Is a quorum just a majority?
Not always. A majority is a common board default, as in California’s section 7211, but other statutes use 50% or a smaller share. The bylaws can set a different number within any floor the statute sets.
What is legally considered a quorum?
The number in the declaration or bylaws, within any floor the state statute sets. California’s section 7211, for example, bars a board quorum below one fifth of the authorized directors or two directors, whichever is larger.
Do you need a quorum to hold a meeting?
A group can meet without one, but it cannot transact business that needs a vote. Under California’s section 7211, directors present may still adjourn the meeting. The governing documents cover the rest.
What’s the difference between a quorum and a majority?
A quorum is the number present for a meeting to conduct business. A majority is the share of votes needed to pass an action. California’s section 7211 treats the two separately: a majority of directors present at a meeting with a quorum acts for the board.
Checking the quorum number for one association
A board member who needs the exact quorum number can work through four steps.
- Find the quorum clause in the declaration and bylaws, for members’ meetings and for board meetings.
- Check the state row in the table for a default and for any floor the statute sets.
- Count the voting members present, and record the count before the first vote.
- Recount whenever members leave, since the quorum has to last through the final tally.
The minimum number in the bylaws is what lets the board take up official business and make decisions. The duties of the directors who run that count are covered in HOA Board Members, and the HOA board and governance hub lists the other meeting guides.
Educational information, not legal advice. See the disclaimer.
Sources
- California's Corporations Code, section 7151 (leginfo.legislature.ca.gov)
- Section 7211 (leginfo.legislature.ca.gov)
- section 7512 (leginfo.legislature.ca.gov)
- California's Civil Code, section 5115 (leginfo.legislature.ca.gov)
- official Robert's Rules of Order website (robertsrules.com)
- Voting and Quorum Procedures in the House of Representatives (crsreports.congress.gov)